Immigration Law Advisory - USCIS Modification of FBI Name Check Policy Impacts Adjustment of Status Applications

US Citizenship and Immigration Services (USCIS) recently announced a modification of its existing policies for applications requiring Federal Bureau of Investigation (FBI) name checks.  For certain applications, such as applications for adjustment to lawful permanent resident status, that are otherwise approvable and where the FBI name check request has been pending for more than 180 days, adjudicators are advised to approve the application and proceed with card issuance. 

USCIS conducts background checks on all applicants, petitioners, and beneficiaries seeking immigration benefits.  This policy change modifies previous requirements that FBI name checks be completed and confirmed before an application could be approved.  However, completion and favorable resolution of an FBI fingerprint and Interagency Border Inspection Services (IBIS) check remain prerequisites to a positive adjudication. 

This policy change comes in response to a recommendation from the Department of Homeland Security (DHS) Inspector General that USCIS align its background check screening policies with those of US Immigration and Customs Enforcement.  USCIS is currently reviewing backlogged cases to identify adjustment of status applications affected by the policy change. 

In addition to the I-485, Application for Adjustment of Status, this policy applies to applications including I-601, Application for Waiver of Ground of Inadmissibility; I-687, Application for Status as a Temporary Resident under Section 245A of the Immigration and Nationality Act, and I-698, Application to Adjust Status from Temporary to Permanent Resident (Under section 245A of Public Law 99-603). 

Notably, this change does not affect Applications for Naturalization, for which FBI fingerprint and name checks and an IBIS check must be completed prior to adjudication of the application.  It is anticipated that it will take at least three years to adjudicate naturalization applications currently being filed.

If you believe your pending application may be affected by this change or have questions about the policy modification, please contact Lynda S. Zengerle at 202.429.8170 or Aleta Turner Okediji, 202.862.5733.